what's the law on keeping something not ordered?

  • rnch

    Posts: 11524

    May 29, 2009 3:16 PM GMT
    i purchased a remanufactured air conditioner from an ebay seller...turned out to be defective...mailed it back to the seller and paypal credited my visa account for the purchase.

    about a week later ANOTHER a/c unit was dropped off on my front porch by UPS while i was at work.

    it's been over a week, no charge on my visa bill for the second unit.

    do i get to keep this one for free? icon_lol.gif
  • EricLA

    Posts: 3461

    May 29, 2009 4:30 PM GMT
    Well, technically you did order it originally. If you didn't cancel it after receiving the defective unit, then you are obligated if a bill shows up. But, you don't need to call it to their attention if they forget to bill you.
  • Posted by a hidden member.
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    May 29, 2009 4:36 PM GMT
    Isn't the right thing to do is just return it. Maybe there was a mix up, it could be that somene is expecting their unit and you got.

    Most importantly is that a form of theft? Just sayin Karma. It does not belong to you, you did not pay for it. It's not a gift. icon_eek.gif

  • May 29, 2009 4:41 PM GMT
    Does anyone remember the Rosanne episode about the stove purchased for the restaurant? If they keep sending you more? start a store! icon_biggrin.gif
  • Posted by a hidden member.
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    May 29, 2009 4:42 PM GMT
    rnch said
    do i get to keep this one for free? icon_lol.gif


    Legally, maybe.

    Ethically, no. (Sorry, you didn't ask about that, did you? icon_smile.gif)
  • Posted by a hidden member.
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    May 29, 2009 5:29 PM GMT
    LOL, almost the same thing happened with the book ActiveAndFit sent through Amazon. It got delayed by almost 2 months I think. So he reported it, and they sent another one free of charge. By the time I got it, there were two books! Go figure. But there really was a mistake since it was supposedly to be delivered much much sooner, and it's Amazon so what the hell.

    In your case, it's obvious they sent you the replacement. You should pay for it again. And it being EBay, you're probably buying from a small company or an individual who CAN get hurt by stuff like this. I'd definitely inquire about it.
  • Posted by a hidden member.
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    May 29, 2009 6:08 PM GMT
    I dont know the laws of whereyou are but in the Commonwealth of Kentucky it would be reviewed as an exchange for damaged goods.....an if its all an erro its not on your part.
  • Posted by a hidden member.
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    May 29, 2009 6:12 PM GMT

    Well, you've got the facial hair and apparently working on the attitude, keep an eye out for the right pointy shoes and you'll make a right evil sultan yet.
    How's yur maniacal laughter? Finger your beard the next time you defraud Ebay....oh, that image is sooo hot.



  • Posted by a hidden member.
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    May 29, 2009 6:17 PM GMT
    Google "unjust enrichment" for an explanation of how the sender could come after you.
    But you're in Louisiana, and who knows what it says in the Napoleonic Code.
  • rnch

    Posts: 11524

    May 29, 2009 6:18 PM GMT
    jprichva saidIf you can document that you returned the defective unit, and that you didn't order a replacement, then legally they just sent you a gift. Enjoy it.
    YES! my thoughts also.
  • Posted by a hidden member.
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    May 29, 2009 9:36 PM GMT
    rnch said
    jprichva saidIf you can document that you returned the defective unit, and that you didn't order a replacement, then legally they just sent you a gift. Enjoy it.
    YES! my thoughts also.


    Not sure I agree. You know it doesn't belong to you, so it could be considered as theft still.

    If a bank but a Million dollars in you Account, by mistake, and you go and spent it, you have stolen it, because it did not belong to you. They will demand it back, and you can be charged for theft.
  • coolarmydude

    Posts: 9190

    May 29, 2009 9:49 PM GMT
    Take the hard right over the easy wrong. You already know the answer. The real question is do you have integrity? icon_idea.gif
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    May 29, 2009 9:50 PM GMT

    not if you deny ever receiving anything while fingering your black beard, ofcourse.
  • olden

    Posts: 194

    May 29, 2009 10:21 PM GMT
    IMHO, if you have to ask that question, your moral character is not up to my standards. Consider yourself permanently off my dance card.

    Generally if you return defective product, you are looking for a replacement unless you specifically stated that you were cancelling the order. BTW, many States do not view mistaken shipments as a gift.
  • rnch

    Posts: 11524

    May 29, 2009 11:00 PM GMT
    olden said...Generally if you return defective product, you are looking for a replacement unless you specifically stated that you were cancelling the order. BTW, many States do not view mistaken shipments as a gift.
    i did request a refund when i returned the auction (at MY expense of $41.00!), requesting a refund from the auction/seller.

    there was no response from the seller.

    after going thru ebay/paypal's arbitration process, paypal issued me a refund, a credit to my visa account.

    i did not ever request a replacement item.
  • coolarmydude

    Posts: 9190

    May 29, 2009 11:05 PM GMT
    That's so not cool...

    Perhaps you should make contact and rectify the situation. Playing the technicallity game doesn't make you absolutely right.
  • coolarmydude

    Posts: 9190

    May 29, 2009 11:08 PM GMT
    So what did you loot after Katrina?
  • Posted by a hidden member.
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    May 29, 2009 11:34 PM GMT
    Maybe it's an imaginary gift to go with his imaginary bf. ... icon_wink.gif ... I am not surprised he is looking to keep it. ... icon_rolleyes.gif
  • Posted by a hidden member.
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    May 29, 2009 11:52 PM GMT
    I would let them know. Perhaps there was an error in their billing department and they thought they were sending you a second in exchange for the defective unit, and also refunded you for it.

    Something similar happened to me with a book I ordered on Amazon once. I e-mailed the sellers to let them know I had received two copies of the book and they told me to just keep the extra.
  • MarvelClimber

    Posts: 511

    May 30, 2009 12:14 AM GMT
    transformation2008 saidDoes anyone remember the Rosanne episode about the stove purchased for the restaurant? If they keep sending you more? start a store! icon_biggrin.gif


    Hahaha, this was the first thing I thought of icon_lol.gif